My Personal Trainer fucked me over

Thoughts_ArriveThoughts_Arrive Posts: 15,165
edited April 2010 in All Encompassing Trip
I signed up for a 13 session contract.
We did 13 sessions.
I was overcharged on my credit card by 4 sessions ($156 in total).
My PT says we did more than 13, I know we didn't.
He refunded me one session only ($39).
He never wrote down when we had sessions, neither did I.
The manager at the gym cannot do anything as the PT runs his own business and is his own boss.
Do I have a case if I take it to court?
Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
Post edited by Unknown User on

Comments

  • catefrancescatefrances Posts: 29,003
    just remember its not what actually happened, its what you can prove.
    hear my name
    take a good look
    this could be the day
    hold my hand
    lie beside me
    i just need to say
  • Thoughts_ArriveThoughts_Arrive Posts: 15,165
    just remember its not what actually happened, its what you can prove.

    My words against his.
    My mates wanted to find out where he lives and get the money back our way but I don't want trouble with the law lol
    Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
  • catefrancescatefrances Posts: 29,003
    just remember its not what actually happened, its what you can prove.

    My words against his.
    My mates wanted to find out where he lives and get the money back our way but I don't want trouble with the law lol

    yeah i hear beating people with bike parts is big down there atm.
    hear my name
    take a good look
    this could be the day
    hold my hand
    lie beside me
    i just need to say
  • PontikasPontikas Posts: 210
    Unfortunately some lessons are learned the hard way. I've been screwed over in the past and try to get everything in writing now.

    Maybe you can post your experience somehere relevant to get some bad publicity for him.

    Sometimes if its not a huge amount of money its worth just cutting your losses and moving on.
  • PontikasPontikas Posts: 210
    Actually, Since you have a 13 session contract - he can't prove that you did more than 13 sessions.

    In this situation the PT is obligated to provide the evidence.

    You obviously have proof that you were charged for more than 13 sessions.

    Write him a fairly strongly worded letter of what happened and why you are unhappy and that you are willing to take the matter further. Hopefully it should scare him into refunding you.
  • redrockredrock Posts: 18,341
    Your signed contract says 13, he charged you for 17. You have the contract proving the agreement and the credit card charges proving the overcharging. Unless he can prove you had more sessions than contracted, I believe you have a good case. The question is.. do you want all the hassle it could be for £117?

    As the poster above said, a strongly worded letter may be enough (cc: a lawyer's name/practice - even if you don't send a copy. It works!)
  • Thoughts_ArriveThoughts_Arrive Posts: 15,165
    redrock wrote:
    Your signed contract says 13, he charged you for 17. You have the contract proving the agreement and the credit card charges proving the overcharging. Unless he can prove you had more sessions than contracted, I believe you have a good case. The question is.. do you want all the hassle it could be for £117?

    Yeah court will cost more and if I lose I don't get it back.
    This guy is a snake, I will not give up.
    No matter how small the amount, it is my $117 that I am owed, it is principal.
    He never answers my calls or texts, always avoids me.
    Been fighting this idiot for 3 months now.
    Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
  • Thoughts_ArriveThoughts_Arrive Posts: 15,165
    Thanks all for the help.
    Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
  • Thoughts_ArriveThoughts_Arrive Posts: 15,165
    just remember its not what actually happened, its what you can prove.

    My words against his.
    My mates wanted to find out where he lives and get the money back our way but I don't want trouble with the law lol

    yeah i hear beating people with bike parts is big down there atm.

    lol
    Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
  • PontikasPontikas Posts: 210
    Did you try calling your credit card company and telling them?

    Maybe smth can be done through them...
  • PearlOfAGirlPearlOfAGirl Posts: 15,993
    just remember its not what actually happened, its what you can prove.
    Exactly! :roll:

    Wish you were here...

    ~RIP Dad
  • FirstExitFirstExit Posts: 973
    Your first mistake was getting a Personal Trainer.
  • Even if you wanted to get your money, it is your word against his. You would probably stuck in small claims court if you wanted to actually pursue this. Stating that you want to hurt him, though understandable, won't do you any good. Now you know that there are people who play games. Get everything like that in writing. I would almost wonder if it was his duty to put the sessions in writing? If he is running a business he needs to be able to show what he did for tax purposes and in case he messes someone up during PT (for legal purposes). This guy sounds real unprofessional.
    Brian A. Clark
  • CServantCServant Posts: 1,182
    Take him on "Judge Judy" and let us know when the episode airs!
    "Never argue with stupid people, they will drag you down to their level and then beat you with experience." Mark Twain
  • 8181 Posts: 58,276
    redrock wrote:
    Your signed contract says 13, he charged you for 17. You have the contract proving the agreement and the credit card charges proving the overcharging. Unless he can prove you had more sessions than contracted, I believe you have a good case. The question is.. do you want all the hassle it could be for £117?

    As the poster above said, a strongly worded letter may be enough (cc: a lawyer's name/practice - even if you don't send a copy. It works!)

    this
    81 is now off the air

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  • WobbieWobbie Posts: 29,976
    this would have been a better topic without "over." :shifty:
    If I had known then what I know now...

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  • LikeAnOceanLikeAnOcean Posts: 7,718
    Meh, a personal trainer is just a motivational speaker anyhow.. get an Iron Gym next time.


    I don't like the idea of someone telling me how to work out when I can learn that information on my own.
  • facepollutionfacepollution Posts: 6,834
    Gob wrote:
    Meh, a personal trainer is just a motivational speaker anyhow.. get an Iron Gym next time.


    I don't like the idea of someone telling me how to work out when I can learn that information on my own.

    Absolutely, all the information you could possibly need is out there.
  • FrannyFranny Posts: 2,054
    Do you have the dates of when you started and finished and the contract for agreed amount? Possibly write him a very formal letter stating the facts and a required response date. Have in there also all of the times you have tried to contact him to have it rectified and keep all of you phone records with the deails of sms's as well. Tell him if have not recieved a response by the said date, then you will be taking legal action. Then lodge a claim with small claims court (and include the costs of lodging the claim in the amount he has to reimburse you), and see what happens from there. Sometimes the threat of going to court is enough to make them pay up.
    I took a games shop to court over an $800 layby once, and the bastard didn't turn up to the first court hearing, but the day before the second scheduled court date I got the notice and cheque from the court for the money he owed me.
  • cfbd68cfbd68 Posts: 228
    just remember its not what actually happened, its what you can prove.

    My words against his.
    My mates wanted to find out where he lives and get the money back our way but I don't want trouble with the law lol
    I say muscle up the muscle man :twisted: .
    Seems that needlessly it's getting harder, to find an approach and a way to live
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  • CJMST3KCJMST3K Posts: 9,722
    Pontikas wrote:
    Did you try calling your credit card company and telling them?

    Maybe smth can be done through them...

    Dispute with CC company. End of story.
    ADD 5,200 to the post count you see, thank you. :)
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  • JDBJDB Posts: 277
    Gob wrote:
    Meh, a personal trainer is just a motivational speaker anyhow.. get an Iron Gym next time.


    I don't like the idea of someone telling me how to work out when I can learn that information on my own.

    I agree. Personal Trainers are full of shit. 90% of them are crap. Just buy books on fitness, check out exercise programs on youtube etc. You'll find that once you start training seriously people working out in the gym will give you help/advice etc.
  • Thoughts_ArriveThoughts_Arrive Posts: 15,165
    CJMST3K wrote:
    Pontikas wrote:
    Did you try calling your credit card company and telling them?

    Maybe smth can be done through them...

    Dispute with CC company. End of story.

    I tried the company he uses to bill me, they cannot refund without his consent.
    Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
  • Thoughts_ArriveThoughts_Arrive Posts: 15,165
    Do you have the dates of when you started and finished and the contract for agreed amount? Possibly write him a very formal letter stating the facts and a required response date. Have in there also all of the times you have tried to contact him to have it rectified and keep all of you phone records with the deails of sms's as well. Tell him if have not recieved a response by the said date, then you will be taking legal action. Then lodge a claim with small claims court (and include the costs of lodging the claim in the amount he has to reimburse you), and see what happens from there. Sometimes the threat of going to court is enough to make them pay up.
    I took a games shop to court over an $800 layby once, and the bastard didn't turn up to the first court hearing, but the day before the second scheduled court date I got the notice and cheque from the court for the money he owed me.

    I got the contract copy, doesn't have dates, was agreed to once a week.
    I told the manager at the gym I will consider legal options.
    Adelaide 17/11/2009, Melbourne 20/11/2009, Sydney 22/11/2009, Melbourne (Big Day Out Festival) 24/01/2014
  • BLACK35BLACK35 Posts: 22,697
    Just drop a free wieght on his foot next time you see him...accident of course. Maybe he can't train anyone anymore and will be a lose of income for him :lol:
    Or just spread the word around about how much of a cheat/criminal he is.
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  • chadwickchadwick Posts: 21,157
    that's what personal trainers do.
    they are notorious for fucking people over.
    i've seen it a million times.
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